Trade Unions’ Statutory Right of Access to workplaces

The purpose of this new right is to enable trade unions to communicate directly with workers, allowing individuals to better understand and exercise their employment rights. The Government also considers that direct access will allow trade unions to more effectively support, represent and organise workers, particularly in workplaces where union membership is low or where voluntary access arrangements are not in place.

On 8 April 2026, the Government published a draft Code of Practice on trade unions’ right of access, which sets out practical guidance on how this new statutory framework will operate in practice.

How Right of Access will work

From October 2026, an independent trade union will be entitled to request physical and/or digital access to workers where an employer has more than 20 employees.
Once an access request is made:

• The employer must respond within 15 working days.
• If the employer does not agree in full, there is a further 25 working day period for negotiation.
• If the employer refuses access, it must provide a clear justification for doing so.
• The parties are expected to engage constructively to try to reach an access agreement.

If an agreement cannot be reached, either party may refer the matter to the Central Arbitration Committee (CAC), which is an independent statutory body responsible for resolving disputes under the access regime. If CAC considers that the employer’s refusal is unreasonable it has the power to order access be granted. Once access terms are imposed, employers are legally required to comply.

Enforcement and financial penalties

A key feature of the new regime is the introduction of significant financial penalties for non-compliance.

Where an employer continues to obstruct access or breaches an access agreement, the CAC may impose fines of: 

• £75,000 for a first breach.
• £150,000 for a second breach.
• Up to £500,000 for a third and subsequent breach.

These penalties underline the Government’s intention that the right of access should be meaningful, enforceable, and taken seriously by employers.
The statutory framework recognises that access should not be automatic in all circumstances. There are situations in which it may be reasonable for an employer to refuse access, including where:

• Granting access would be contrary to national security interests.
• The employer is already dealing with an access request or agreement with another trade union covering the same or overlapping group of workers.
• Access would unreasonably interfere with the employer’s operations, subject to CAC assessment.

Each case will ultimately turn on its facts, and the CAC will assess whether refusal is justified.

Practical implications for employers

These access requests are likely to create significant administrative burdens and expose employers to substantial financial risk if mishandled. The scale of potential penalties makes it essential for employers to:

• Put in place clear internal processes for receiving and responding to access requests;
• Ensure responses are timely, reasoned and documented;
• Approach negotiations carefully and constructively; and
• Seek advice where necessary before refusing access.

Failure to engage appropriately with the new regime could lead to costly enforcement action and reputational harm.

If you would like us to provide training or guidance on the changes coming in, to review your policies and contracts or you need assistance with any other employment related matter, please do get in touch with our Employment team on 020 8290 0440 (Bromley) or 01732 496 496 (Sevenoaks) or employment@thackraywilliams.com.